Statutory Instruments
HOUSING, ENGLAND
Made
18th January 2002
Laid before Parliament
28th January 2002
Coming into force
31st March 2002
The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred on him by section 88 of the Housing Act 1988(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Waltham Forest Housing Action Trust (Dissolution) Order 2002 and shall come into force on 31st March 2002.
2. In this Order—
“the 1981 Act” means the New Towns Act 1981(2);
“commencement date” means the date specified in article 1;
“the Commission” means the Commission for the New Towns(3);
“the dissolution date” means the date specified in article 6;
“relevant function” means a function which is exercisable in connection with any of the property, rights or liabilities transferred by this Order;
“the Trust” means the Waltham Forest Housing Action Trust which was established by the Waltham Forest Housing Action Trust (Area and Constitution) Order 1991(4).
3.—(1) Subject to paragraph (2) below, any property, rights and liabilities remaining vested in the Trust, and any relevant function exercisable by the Trust, immediately before the commencement date shall be transferred to the Commission on that date.
(2) Paragraph (1) shall not apply in respect of any property, rights, liabilities and functions which the Trust has notified in writing to the Commission, at least 14 days before the commencement date, as those which it thinks it necessary or expedient to retain for the purpose of preparing its final accounts and report and winding up its affairs.
(3) Any property, rights and liabilities remaining vested in the Trust and any relevant function exercisable by the Trust immediately before the dissolution date shall be transferred to the Commission on that date.
4.—(1) The purposes for which the Commission exists, as mentioned in section 36(1) of the 1981 Act (functions of Commission), shall also include—
(a)to take over and, with a view to its eventual disposal, to hold, manage and turn to account the property of the Trust transferred to the Commission by article 3, and
(b)as soon as it considers it expedient to do so, to dispose of property so transferred, and
(c)to carry out any functions transferred to it by article 3.
(2) In this article—
(a)any reference to property transferred to the Commission by article 3 includes a reference to rights and liabilities so transferred; and
(b)in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.
5. Section 37 of the 1981 Act shall have effect as if any reference to section 36 included a reference to article 4.
6. The Trust shall be dissolved on 30th April 2002.
7. The Waltham Forest Housing Action Trust (Area and Constitution) Order 1991 is revoked with effect from the dissolution date.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
18th January 2002
(This note is not part of the Order)
This Order transfers to the Commission for the New Towns (“the Commission”) any property, rights and liabilities of the Waltham Forest Housing Action Trust (“the Trust”) on 31st March 2002, except those which the Trust has notified the Commission that it needs to retain for the purpose of preparing its final accounts and report and winding up its affairs. The Order transfers the remaining property, rights and liabilities of the Trust to the Commission on 30th April 2002 and dissolves the Trust on that date. Functions exercisable in connection with property, rights or liabilities are also transferred.
The Order gives additional functions to the Commission to enable the transfer to the Commission to take place.
1988 c. 50; section 88 was amended by section 144 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53).
See section 35 of the New Towns Act 1981.
S.I. 1991/2773.